Vikram Coils Private Limited vs Metform Corporation
2023 Latest Caselaw 8497 Bom

                                          1       34 sj 17-23 with ial 20337-23 in sj-os.doc


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        ORDINARY ORIGINAL CIVIL JURISDICTION


                     SUMMONSE FOR JUDGMENT NO. 17 OF 2023
                                      WITH
                    INTERIM APPLICATION (L) NO.20337 OF 2023
                                       IN
                     SUMMONSE FOR JUDGMENT NO.17 OF 2023

Vikram Coils Private Limited                      ... Plaintiff/Respondents
      Vs.
Metform Corporation and ors.                      ... Defendants/Applicants
                                              -------

Mr.Shahrukh     Shaikh  i/by     Mr.Rohit   Shetty,   Advocates                       for       the
Plaintiff/Respondent.
Ms.Deepika Mishra, Advocate for the Defendants/Applicants.

                                              -------

                         CORAM :       ABHAY AHUJA, J.

                         DATE :        21 AUGUST, 2023.


P.C. :

INTERIM APPLICATION (L) NO.20337 OF 2023

1. This is an application seeking condonation of delay of 2 days in filing the

affidavit for leave to defend on behalf of Defendants No.1 to 6.

2. Learned counsel for the Defendants No.1 to 6 draws the attention of this

court to paragraph No.4 of the application to submit in fact the affidavit for

leave to defend was filed in time but was filed under the caption "Commercial

Priya R. Soparkar 1 of 3 2 34 sj 17-23 with ial 20337-23 in sj-os.doc

Suit" instead of the caption "Summons for Judgment" and later on the said

leave to defend has been filed under the caption "Summons for judgment" on

19th June, 2023, thereby leading to a delay of two days in filing the affidavit for

leave to defend. Learned counsel would therefore submit that the delay be

condoned and the application be allowed.

3. Mr.Shahrukh Shaikh, learned counsel for the Plaintiff would submit that

he has instructions to state that the Plaintiff has no objection if the delay is

condoned and the application is allowed.

4. Having heard the learned counsel and having perused the application,

this court is of the view that the delay be condoned and the affidavit for leave

to defend be accepted.

5. The delay of two days is hereby condoned.

6. Let the Registry accept the affidavit of leave to defend.

7. Let a copy of the affidavit of leave to defend be served upon the learned

counsel for the Plaintiff.

8. The application accordingly stands disposed.

Priya R. Soparkar                                                                          2 of 3
                                                                        3    34 sj 17-23 with ial 20337-23 in sj-os.doc


                               SUMMONSE FOR JUDGMENT NO. 17 OF 2023

8. List Summons for Judgment on 4th September, 2023 for admission.

                                                                                    (ABHAY AHUJA, J.)




                                Priya R. Soparkar                                                                        3 of 3


Signed by: Priya Soparkar
Designation: PA To Honourable Judge
Date: 22/08/2023 10:41:02